S 3887: Heightened penalties for riot offenses

Would significantly increase the penalties for federal “riot” and “incitement to riot” offenses if they involve property damage or injury. The bill would create a new, mandatory one-year prison sentence for anyone who commits “an act of violence” or aids someone else in doing so, while participating in, organizing, “inciting,” “promoting,” or “encouraging” a “riot.” The maximum penalty would jump to 10, instead of 5, years in prison. Federal law defines “act of violence” broadly to include using force against property—or just attempting or threatening to use such force. Under the bill, someone who knocked over a trash can, or merely threatened to do so, while cheering on an unruly protest, could face 10 years in prison.

Status: pending

Introduced 6 Mar 2024.

Issue(s): Riot

S 3492 / HR 6926: Federal penalties for protesters who block traffic

Would create federal penalties for protesters who block public roads and highways. The “Safe and Open Streets Act” would make it a federal crime to “in any way or degree, purposely obstruct, delay, or affect commerce or the movement of any article or commodity in commerce by blocking a public road or highway.” The offense would also cover individuals who merely “attempt” or “conspire” to block a public road or highway. The offense would be punishable by an unspecified fine and up to 5 years in federal prison.

Status: pending

Introduced 13 Dec 2023.

Issue(s): Conspiracy, Traffic Interference

HB 386 / SB 255: New penalties for protesting in the street and other public places without a permit

Would introduce new criminal and civil penalties that could cover protesters who demonstrate in street and other public places without a permit. The bill creates a new offense of “obstruction of free passage in public places,” to apply if someone “knowingly renders a public place impassable or passable only with unreasonable inconvenience or hazard.” While it includes exceptions for “obstruction” authorized by a permit or otherwise authorized by the law or a person “in charge of” the premises, the new offense would clearly cover unpermitted protests—particularly large protests in public plazas, parks, streets or other places that might make it “unreasonably inconvenient” for other individuals or cars to pass. If the protest “substantially interferes” with someone’s access to a government building, or “interferes” with an emergency responder, the offense would be a Class A misdemeanor, punishable by up to a year in jail and $25,000. In all other cases it would be a Class B misdemeanor, punishable by 90 days in jail and $2,000. In addition to criminal penalties, the bill creates expansive civil liability for protesters who block public places. A person “whose passage is obstructed” could sue a protester for $10,000 if their rights were infringed, $50,000 if their property was damaged, and $100,000 if they were personally injured – in addition to attorney’s fees and costs. Under the bill, civil liability extends to anyone who “directly or indirectly, by words or action, aids, encourages, or authorizes the conduct,” or “conspires” to engage in the conduct. It also extends to anyone outside the state of Alaska if they “knew or had reason to know” that their acts were likely to lead to the obstruction. Finally, the bill substantially increases the penalty for trespassing if it creates a substantial risk of physical injury, or “interferes with” an “emergency response.” First degree trespass, which includes entering onto property with intent to violate a law, would be a Class C felony in such cases, punishable by five years in prison and $50,000, rather than a Class A misdemeanor. As such, protesters who for instance enter onto private property to engage in peaceful civil disobedience could face felony penalties.

Status: pending

Introduced 21 Feb 2024.

Issue(s): Damage Costs, Conspiracy, Traffic Interference, Trespass

HB 275 / SB 340: New penalties for protests near gas and oil pipelines

Would create a new felony offenses for trespassing and “improper tampering” that could cover some protests near pipelines and other infrastructure that do not involve actual property damage. The bill broadly defines “critical infrastructure” to include above or belowground pipelines, as well as a range of other gas, electricity, water, mining, and telecommunications facilities. Amendments to both the House and Senate versions of the bill after it was introduced added a 3rd degree felony offense for entering onto critical infrastructure property with notice that such entrace was prohibited. As such, protesters who cause no damage but merely enter onto posted property that contains a pipeline in the course of their protest could face felony charges and up to 5 years in prison if convicted. By contrast, trespassing onto private property is generally a 2nd degree misdemeanor, punishable by at most 60 days in jail. The House bill as originally introduced defined “improperly tampering” to include any unauthorized action to “change…the physical condition of the property or any portion thereof,” or to “knowingly and intentionally… deface” critical infrastructure property. As such, the 2nd degree felony offense—which is punishable by 15 years in prison and $10,000—could cover actions as minor as chalking protest messages or taping posters onto a pipeline, or protesters inadvertently trampling a field during a demonstration that is next to and part of a covered facility.

Status: pending

Introduced 25 Oct 2023; Approved by House 22 February 2024; Approved by Senate 28 February 2024

Issue(s): Infrastructure, Trespass

HB 4746: NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE

Would create a new felony offense that could cover nonviolent protesters at pipeline and other infrastructure sites. Under the bill, someone who knowingly “vandalizes, defaces, tampers with” or damages part of a critical infrastructure facility commits a felony. If the “value of the property” (not the cost of the damage) is less than $500, the offense is a Class 4 felony, punishable by 1-3 years in prison and up to $20,000; if the property value is $500-$10,000, it is a Class 3 felony (2-5 years and $20,000); and if the property value exceeds $10,000, it is a Class 2 felony (3-7 years and $20,000). The bill newly defines "critical infrastructure facility" under Illinois law to include gas and oil pipelines and a range of pipeline-related facilities, as well as electric, water, telecommunications, railroad, and “health care” facilities, regardless of whether they are fenced off or clearly marked with signs. As such, a protester who chalked or spraypainted a pipeline without damaging its functionality could face felony charges and a lengthy prison sentence if convicted. The bill extends liability to anyone who “conspires with” a person to commit the offense. It also provides that critical infrastructure owners can sue for punitive and compensatory damages.

Status: pending

Introduced 5 Feb 2024.

Issue(s): Damage Costs, Conspiracy, Infrastructure

SB 3086: NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE

Would heighten the penalties for protests near oil and gas pipelines and other infrastructure that involve trespassing onto infrastructure property. Under the bill, knowingly entering or remaining on a "critical infrastructure facility" is a Class 4 felony, punishable by 1-3 years in prison and $25,000. Aggravated criminal trespass to a critical infrastructure facility--defined as trespass with "intent to damage, destroy, or tamper with equipment" in the facility--is a Class 3 felony punishable by 2-5 years and $25,000. The bill newly defines "critical infrastructure facility" under Illinois law to include gas and oil pipelines, including those under construction, and a range of pipeline-related facilities, as well as electric, water, telecommunications, and railroad facilities that are fenced off or posted. Nearly identical text was introduced as SB 3814 in the 2022 legislative session, and as SB 1312 in 2023.

Status: pending

Introduced 2 Feb 2024.

Issue(s): Infrastructure, Trespass

SB 1312 / HB 2362: NEW PENALTIES FOR PROTESTS NEAR CRITICAL INFRASTRUCTURE

Would heighten the penalties for protests near oil and gas pipelines and other infrastructure that involve trespassing onto infrastructure property. Under the bill, knowingly entering or remaining on a "critical infrastructure facility" is a Class 4 felony, punishable by 1-3 years in prison and $25,000. Aggravated criminal trespass to a critical infrastructure facility--defined as trespass with "intent to damage, destroy, or tamper with equipment" in the facility--is a Class 3 felony punishable by 2-5 years and $25,000. The bill newly defines "critical infrastructure facility" under Illinois law to include gas and oil pipelines, including those under construction, and a range of pipeline-related facilities, as well as electric, water, telecommunications, and railroad facilities that are fenced off or posted. Nearly identical text was introduced as SB 3814 in the 2022 legislative session.

Status: pending

Introduced 6 Feb 2023.

Issue(s): Infrastructure, Trespass

HB 205: New racketeering penalties for protesters

Would add several protest-related offenses to the underlying crimes that can be prosecuted under Louisiana’s racketeering law, which carries steep penalties. The nine offenses added to the racketeering law under the bill include “riot,” “inciting to riot,” and “criminal damage to historic buildings or landmarks by defacing with graffiti.” Louisiana law defines “riot” broadly, requiring no actual violence or damage but three or more people engaged in a “public disturbance” that creates a “danger of injury or damage” by an “imminent threat of tumultuous and violent conduct.” As such, individuals who participate in tumultuous protests, or who “incite” others to participate in them, could be charged with a violation of Louisiana’s racketeering law if they did so more than once and as part of an enterprise with others. Racketeering violations are punishable by up to 50 years in prison with hard labor and a one million dollar fine. The bill also adds “criminal damage to a critical infrastructure” to the racketeering law, such that certain civil disobedience actions near pipelines and other infrastructure could be covered as well. 

Status: pending

Introduced 26 Feb 2024; Approved by House 2 April 2024

Issue(s): Conspiracy, Infrastructure, Riot

HD 1358: NEW PENALTIES FOR PROTESTS THAT BLOCK ROADS

Would penalize "any person who intentionally blocks or prevents access to a public roadway or highway while protesting with the express purpose of preventing passage of others." Under the bill, anyone who intentionally blocked a public road in the course of a protest could be sentenced to up to ten years in prison. This bill is nearly identical to HB 1586, introduced in 2021, and HB 1428, introduced in 2019. (See full text of bill here)

Status: pending

Introduced 18 Jan 2023.

Issue(s): Traffic Interference

HD 1348: NEW CRIMINAL LIABILITY FOR DEATHS DURING PROTESTS

Would create the new criminal offense of "manslaughter caused by reckless disregard of life while protesting or blocking highway or roadway access." The offense would be added to the definition of "manslaughter" under Massachusetts law. Accordingly, if organizers led a protest onto a road and a protester was hit by a car, e.g., the organizers could potentially be held liable for manslaughter under the bill. The offense would be punishable by up to twenty years in prison. The bill is nearly identical to HD 3284, introduced in 2019. (See full text of bill here)

Status: pending

Introduced 18 Jan 2023.

Issue(s): Traffic Interference

HF 1445 / SF 1493: New penalties for protests near oil and gas pipelines

Would create vicarious liability for any person or entity that "recruits, trains, aids, advises, hires, counsels, or conspires with" a person who trespasses on critical infrastructure property for any damages committed by the trespasser. The bill would also create strict liability for any damages caused by a person who trespasses on critical infrastructure property. If a person or entity intentionally recruits, trains, aids, advises, hires, counsels, or conspires with a person to trespass they are guilty of a gross misdemeanor, punishable by a fine of up to $3,000, if they fail to make a reasonable effort to prevent the violation. (See full text of bill here)

Status: pending

Introduced 9 Feb 2023.

Issue(s): Damage Costs, Conspiracy, Infrastructure, Trespass

SF 935: BARRING PUBLIC BENEFITS FOR PROTEST-RELATED OFFENSES

Would broadly disqualify a person convicted of an offense during a protest from receiving public assistance. Any "offense related to the person's illegal conduct at a protest, demonstration, rally, civil unrest, or march" would disqualify the person from a range of benefits, including food assistance, education loans and grants, and unemployment assistance. Under the bill, a person convicted of even a misdemeanor that is deemed somehow "related" to their participation in a peaceful protest could face permanent disqualification from such benefits. Nearly identical text was introduced as HF 466/SF 2381 in 2021. (See full text of bill here)

Status: pending

Introduced 30 Jan 2023.

Issue(s): Limit on Public Benefits

HB 2218: Imposing costs of protest damage on organizers and sponsors

Would create new civil cause of action against any person who “sponsors or organizes” a protest or demonstration that causes property or personal damage. Under the bill, if a protest results in property damage, or if it blocks a highway or emergency vehicle, resulting in property damage or personal injury, “any person” who sponsored or organized the protest is liable for damage costs. The bill does not require that the organizer or sponsor have any role in causing the damage or injury, or any intent or knowledge that damage or injury would occur during the protest, in order to be liable.

Status: pending

Introduced 4 Jan 2024.

Issue(s): Damage Costs, Traffic Interference

S 834 / A 3489: NEW PENALTIES FOR BLOCKING TRAFFIC AND OTHER PROTEST-ADJACENT CONDUCT

Would make it a felony offense to purposely or recklessly obstruct a public road while engaging in "disorderly conduct" or a "riot," punishable by up to a year and a half in prison and a $10,000 fine. Both "disorderly conduct" and "riot" are defined broadly under New Jersey law: "Disorderly conduct," for instance, could include "recklessly creating a risk of public inconvenience" by causing a "hazardous condition," or using "unreasonably loud and offensively coarse" language in a public place. The bill would also broaden the definition of "riot," such that a group of five or more people who engage in "disorderly conduct" and cause any damage to property or persons could face riot charges, a felony punishable by up to five years in prison and $15,000. Individuals who deface a monument during an unruly protest would also face heightened penalties under the bill: Current law penalizes defacing or damaging any public monument or structure as a disorderly persons offense, subject to six months in jail. The bill would make the same offense a felony punishable by a year and a half in prison and $10,000, if committed during a "riot." The bill would create new sanctions for protest organizers and patrons, as well: Under the bill, a person who "conspires with others as an organizer, supervisor, financier or manager to commit" one of a number of crimes during a protest would be guilty of "promotion of violent, disorderly assembly" and face enhanced criminal penalties. The text was introduced as S3261 during the 2020-2021 session, and as S1783/A4577 during the 2022-2023 session.

Status: pending

Introduced 9 Jan 2024.

Issue(s): Conspiracy, Riot, Traffic Interference

S 652: HEIGHTENED PENALTIES FOR BLOCKING TRAFFIC, RIOT, DISORDERLY CONDUCT, AND RELATED OFFENSES

Would make it a felony offense to purposely or recklessly obstruct a public road while engaging in "disorderly conduct" or a "riot," punishable by up to 18 months in prison and a $10,000 fine. Both "disorderly conduct" and "riot" are defined broadly under New Jersey law: "Disorderly conduct," for instance, could include "recklessly creating a risk" of "public inconvenience" by causing a "hazardous condition," or using "unreasonably loud and offensively coarse" language in a public place. The bill would also broaden the definition of "riot," such that a group of seven or more people who engage in "disorderly conduct" and cause any damage to property could face riot charges, a felony punishable by up to five years in prison and $15,000. The bill would create a new felony offense for disorderly conduct in a "place of public accommodation" that is committed during a "riot." It would also establish a felony offense for chalking or using graffiti on a public monument during an unruly protest: Current law penalizes purposely defacing or damaging any public monument or structure as a disorderly persons offense, subject to six months in jail. The bill would make the same offense a felony punishable by a year and a half in prison and $10,000, if committed during a "riot." The same bill was proposed as S84/A456 in the 2022-2023 session. 

Status: pending

Introduced 9 Jan 2024.

Issue(s): Riot, Traffic Interference

S 399: EXPANDED "RIOT" DEFINITION, NEW PENALTIES FOR "INCITEMENT TO RIOT", AND NEW LEGAL DEFENSE FOR PEOPLE WHO HURT PROTESTERS

Would expand the legal definition of "riot," a third degree offense under the bill, to include any group of three or more individuals whose shared intent to engage in disorderly and violent conduct results in "imminent danger" of property damage or personal injury, or actual damage or injury. Notably, the new definition does not require that the individuals' conduct be disorderly or violent, or that they commit any actual damage or injury. Under the bill, a "riot" consisting of 25 or more people, or one that "endangers the safe movement of a vehicle," is automatically an "aggravated riot," a new crime of the second degree under the bill. As such, large groups of protesters or ones that block traffic, even temporarily, could face up to 10 years in prison, a fine of up to $150,000, or both. Under the bill, "inciting" someone to participate in a riot is a crime of the third degree, punishable by 5 years in prison. "Aggravated incitement," which results if there is property damage over $5,000 is a crime of the second degree, punishable by up to 10 years in prison. The bill also creates a new criminal offense of "mob intimidation," defined as a group of three or more people who act with a "common intent" to compel "or attempt to compel" another person to "do or refrain from doing any act," or "assume, abandon, or maintain a particular viewpoint" against their will. The offense is punishable by up to 6 months in jail and a $1,000 fine. The bill could also encourage violence against protesters by creating a new affirmative defense in civil lawsuits for personal injury, death, or property damage, such that a defendant could avoid liability by establishing that the injury, death, or damage they committed "arose from" conduct by someone "acting in furtherance of a riot." Finally, the bill creates a new civil right of action against a municipal government that fails to provide "respond appropriately to protect persons and property during a riot or unlawful assembly," making them civilly liable for damages, including personal injury or property damage. These provisions, if enacted, could encourage municipal governments to adopt overly aggressive law enforcement responses to protests in order to avoid lawsuits. The same bill was proposed as S3992 in the 2020-2021 session, and as S1206 in the 2022-2023 session.

Status: pending

Introduced 9 Jan 2024.

Issue(s): Driver Immunity, Riot, Traffic Interference, State Liability, Stand Your Ground

S 8646: New penalties for protesters who block traffic

Would create a new criminal offense that could cover unpermitted protests and demonstrations on streets, sidewalks, or near public buildings. According to the bill, a person participating in a protest without a permit who “obstructs” cars or pedestrians, or prevents people from entering or exiting buildings, commits a new offense of “aggravated disorderly conduct” if they intend “to cause public inconvenience, annoyance or alarm” or are “recklessly creating a risk thereof.” The offense would be a class A misdemeanor, punishable by one year in jail and $1,000. As written, an individual in a spontaneous protest that blocks a sidewalk, “recklessly creating a risk” of inconveniencing people, would be guilty of the offense. The bill would also add the offense to the underlying offenses that can be charged as a hate crime under New York law, and allow individuals arrested for the offense to be held for bail.

Status: pending

Introduced 26 Feb 2024.

Issue(s): Traffic Interference

A 8951: "Domestic terrorism" offense for protesters who block traffic

Would create a new felony “domestic terrorism” offense that could apply to nonviolent protesters who block roads or sidewalks. Under the bill, a person commits “domestic terrorism” if they “act with the intent to cause the deliberate blocking” of a public road, bridge, or tunnel that interferes with traffic or public safety. Notably, the bill does not require that the person actually block a road, only that they act with that intent, so that even planning or otherwise facilitating a street protest that would interfere with traffic could be covered by the offense. Further, for the purpose of the bill, “public road” is defined broadly to include “every class of public road, square and place,” including driveways, alleys, and sidewalks. If enacted, individuals who attend or organize a sidewalk protest that interferes with pedestrian traffic could face felony charges and up to 7 years in prison.

Status: pending

Introduced 30 Jan 2024.

Issue(s): Terrorism, Traffic Interference

A 8334: CRIMINAL PENALTIES FOR PROTESTS THAT DISTURB EVENTS OR MEETINGS

Would create a new serious misdemeanor offense, “disruption or disturbance of a lawful assembly,” that could cover protesters at private and public events. Under the bill, someone whose conduct “substantially impairs the ability to conduct” a lawful gathering, is intended to cause a disruption, and violates “the implicit customs or usage” or “explicit rules” of the meeting, commits a Class A misdemeanor—punishable by up to a year in jail and $1,000. Covered events include groups of just two or more individuals who reserve a space by paying a fee or filing an application, and use it for a peaceful and lawful gathering. If adopted, a protester who interrupts a city council meeting or other gathering of officials, or a private speaking event, could face a year in jail.

Status: pending

Introduced 13 Dec 2023.

A 2309: Mandatory Sanctions for Campus Protesters

Would create new mandatory penalties that could be applied against nonviolent protesters at all state and city colleges and universities in New York. Under the bill, a student that "materially and substantially disrupts the free expression of others" would face a minimum one week suspension for the first offense; a minimum two week suspension for a second offense; a minimum one semester suspension for a third offense; and expulsion for a fourth offense. As such, a student protester that was deemed to interrupt a speaker at an event would be required to be suspended.

Status: pending

Introduced 25 Jan 2023.

Issue(s): Campus Speech

HB 2031 / SB 2570: Heightened penalties for protesters who block streets and highways

Would significantly increase the penalty for knowingly or recklessly obstructing a street, highway, “or other place used for the passage of vehicles or conveyances.” Instead of a Class A misdemeanor, as provided by current law, the offense would be a Class D felony punishable by at least 2 and up to 12 years in prison and a $5,000 fine. As written, the bill’s felony offense could cover protesters who blocked a street or made passage "unreasonably inconvenient" even if there were no cars on it. The felony offense could also apply to protesters who blocked a driveway or alley, even temporarily. The bill would also create a new civil cause of action such that anyone who knowingly or recklessly blocked a street could additionally be sued for civil damages.

Status: pending

Introduced 23 Jan 2024.

Issue(s): Damage Costs, Traffic Interference

SB 6160: Heightened penalties for protests that block traffic

Would create a new felony offense that could cover street protesters who obstruct traffic and refuse to disperse. Under current state law, if a group of four or more individuals includes anyone whose conduct creates a substantial risk of injury or substantial property damage, each member of the group commits a misdemeanor if law enforcement orders them to disperse and they refuse to do so. The bill would raise this offense to a Class C felony, punishable by up to 5 years in prison and $10,000, if individuals refuse to disperse from a public road and are obstructing traffic. The bill would also increase the penalty for intentionally and unlawfully blocking vehicular or pedestrian traffic, from a misdemeanor to a gross misdemeanor, such that protesters who block a sidewalk could face up to 1 year in jail and $5,000.

Status: pending

Introduced 11 Jan 2024.

Issue(s): Traffic Interference

AB 70 / SB 96: BROAD NEW DEFINITION OF "RIOT" and related felony offenses

Would broadly define "riot" under Wisconsin law and create vague new felony offenses that could cover and chill peaceful protest activity. The bill defines a “riot” as a “public disturbance” involving an act of violence or the threat of violence by someone in a gathering of 3 or more people. No actual damage or injury need take place for a gathering to become a “riot,” only a “clear and present danger” of damage or injury. As such, a large street protest where a single participant threatens to push somebody could be deemed a "riot," with no actual violence or property damage being committed by anyone. The bill creates a Class I felony offense--punishable by up to 3.5 years in prison and a $10,000 fine--for anyone who intentionally incites another “to commit a ‘riot.’” The bill defines “incite” as “to urge, promote, organize, encourage, or instigate other persons.” The incitement offense as drafted is not limited to urging actual violence against people or property, but could seemingly cover any expression of support for demonstrators in a crowd that had been deemed a “riot.” The bill also creates a Class H felony--punishable by up to 6 years in prison and $10,000--for someone who intentionally "commits an act of violence” while part of a “riot.” Yet “an act of violence” is vague and could cover an act of self-defense, non-criminal acts of violence against property--such as destroying one’s own protest sign--as well as minor unlawful violence against property like knocking over a trash can. (See full text of bill here)

Status: pending

Introduced 27 Feb 2023; Approved by Assembly 22 March 2023

Issue(s): Riot